President Donald Trump takes a question from a reporter during a news conference in the Roosevelt Room of the White House on Jan. 21, 2025 in Washington, D.C. (Andrew Harnik)
Rep. Thomas Massie, R-Ky., reintroduced legislation in January to abolish the department, stating, "the Department of Education shall terminate on December 31, 2026."
In order to pass any legislation, Trump would need congressional approval from a supermajority in Congress to eliminate the department, according to Andrew Stoltmann, an attorney and law professor.
"President Trump does not have the ability to eliminate a federal department. Eliminating it would require congressional action, including a supermajority of 60 votes in the Senate," Stoltmann told Fox News Digital. "So, even if Trump can follow through with what he says, he has to pull in some Democrats in the Senate, and that will likely be impossible."
Linda McMahon, President Donald Trump's pick for secretary of Education, arrives for a hearing of the Health, Education, and Labor Committee on her nomination on Thursday, Feb. 13, 2025 in Washington, D.C. (Jacquelyn Martin)
Savannah Newhouse, a Department of Education spokesperson, previously told Fox News Digital amid cuts to the department, that "President Trump’s goal is to cut federal bureaucracy and return education authority to the states because the dollars and decision-making should be closest to students."
The department currently oversees some funding, managing student loans, financial aid and enforcing nondiscrimination policies in schools, while most education itself is dealt with at the state level.
Newhouse added that "despite misconceptions, the Department of Education does not control school curricula, decide teacher pay, set who qualifies for student aid and how much they receive, operate schools, or serve as the primary source of funding for schools."
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Fox News Digital reached out to the Department of Education for further comment but did not immediately receive a response.
Aubrie Spady is a Writer for Fox News Digital.
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https://www.foxnews.com/politics/trump-still-needs-congress-help-plan-abolish-education-department